ACLU files suit over Montana transgender birth certificate law

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07/19/2021

The ACLU of Montana filed a lawsuit against the state, seeking to challenge a recently passed birth certificate law that it alleges makes it “difficult, if not impossible” for people to change their birth certificates to match their identities. The law that the ACLU seeks to undo require an individual to undergo gender-affirming surgery and initiate a legal proceeding in order to prove they have completed the operation. The civil rights group argues that the law does not specify what amounts to “sufficient” evidence of gender-affirming surgery and does not described what surgeries would be required. The ACLU also argues in its lawsuit that the new law “invades the privacy of transgender Montanans.” They also allege that the Montana state legislature did not provide any “legitimate public purpose for the Act, and none exists.” “An individual’s gender identity and medical treatment are intensely personal and private. The Act requires public review of a person’s gender identity and medical treatment in order to amend an important government document,” the suit states.

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